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Minor Change Existing Approval - 132008 176 07 (As Published) · 132008.176.07
Officer: Patrick Murphy
Direct Telephone: 07 5329 6245
Our Reference: 132008.176.07
Your Reference: 22070
27 May 2026
Calile Malouf Investments Pty Ltd
C/- Project Urban
PO Box 6380
MAROOCHYDORE QLD 4558
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 1 April 2026, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: 132008.176.07
Street address: 3 & 7 Serenity Cl, Noosa Heads Qld 4567
Real property description: Lot 10 SP 335472
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
The following type of approval was issued on 17 October 2024.
• Material Change of Use - Resort complex, Shop.
In relation to the request to make a minor change to the existing approval, Council on 20 May 2026,
decided to approve the requested changes. The changes are detailed below.
A. Approve the change.
B. Amend conditions 3 and 6.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Currency Period
2. This development approval lapses if the use has not happened by 17 October 2030 unless
an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Operational Works*
Plan No. Rev. Plan/Document Name Date
01-01-G C Plan – GA – Basement prepared by Richards 27.03.2026
and Spence
01-02-G C Plan – GA – Lower Ground prepared by Richards 27.03.2026
and Spence
01-03-G C Plan – GA – Ground Level prepared by Richards 27.03.2026
and Spence
01-04-G C Plan – GA – Level 01 prepared by Richards and 27.03.2026
Spence
01-05-G C Plan – GA – Level 02 prepared by Richards and 27.03.2026
Spence
01-06-G C Plan – GA – Level 03 prepared by Richards 27.03.2026
and Spence
01-07-G C Plan – GA – Level 03 Mezzanine prepared 27.03.2026
by Richards and Spence
01-08-G C Plan – GA – Roof prepared by Richards and 27.03.2026
Spence
02-12 C Elevation – East Wing – East & west prepared 27.03.2026
by Richards and Spence
AR-021.11 A Elevation – East Wing - North prepared by 30.08.2024
Richards and Spence
02-31 C Elevation – West – North & South prepared by 27.03.2026
Richards and Spence
02-32 C Elevation – West – East & West prepared by 27.03.2026
Richards and Spence
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AR-03-01 A Sections- Sheet 1 prepared by Richards and 30.08.2024
Spence
AR-03-02 A Sections - Sheet 2 prepared by Richards and 30.08.2024
Spence
03-03 C Sections - Sheet 3 prepared by Richards and 27.03.2026
Spence
AR-03-04 A Sections - Sheet 4 prepared by Richards and 30.08.2024
Spence
AR-03-05 B Sections Sheet 5 prepared by Richards and 30.08.2024
Spence
03-06 C Sections - Sheet 6 prepared by Richards and 27.03.2026
Spence
09-01 C Height Plane Diagram prepared by Richards and 27.03.2026
Spence
Nature and Extent of Approved Use
4. The approved resort units must be used for short term visitors only. The approved units must
not be occupied by persons for the purpose of permanent accommodation, excluding those
persons in a manager's residence for the premises. The requirements of this condition must
be included in the Community Management Statement for anybody corporate for the subject
site.
5. The 6 metre setback area on the Serenity Close (north) and Banksia Avenue (east) frontages
are to be densely landscaped and not used as break out or access areas for the Function
Room. Fencing is to be removed from these areas.
Building Height
6. The maximum height of the development must not exceed 15 metres above the ground level,
with the exception of the west lift overrun, west awning and central lift overrun to the
extent indicated on the Height Plane Diagram. Including where excavation is undertaken
to the exposed portion of the external façade of the building.
7. The ground level must be reinstated around the basement level to ensure no part of which is
more than 1 metre above ground level, apart from the driveway entrances.
8. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the buildings do not exceed the maximum height requirement of this Decision
Notice.
Fencing
9. Any fencing provided in conjunction with the development must be setback at least 6 metres
from the street frontage setback and avoid the removal of vegetation wherever possible. All
gatehouses and entry pavilions are to be removed from this street setback area.
Amenity
10. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding
residents or cause a nuisance, including a noise nuisance.
11. The lobby bar, vehicle ramp and setdown area are to be appropriately enclosed and treated
so as to minimize noise impacts on the surrounding area.
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Hours of Operation
12. The use of the external swimming pools by guests and visitors is to be limited to the time
period of 6am and 9pm only.
13. The use of the treatment pools located along the southern side of the resort are limited to 6
am to 9pm.
14. The restaurants, bars and function centre are to operate between the hours of 6.30am and
12 midnight only.
15. Service vehicle movements associated with non-residential uses on the premises (including
loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday
and not at all on Sundays or public holidays. The requirements of this condition must be
included in the Community Management Statement for any body corporate for the subject
site.
Building Appearance
16. External design features, materials and finishes must be as shown on the Approved Plans,
with no inclusions or alterations made without approval in writing by Council, unless as
modified by conditions of this approval.
17. External finishes of the building must be a mix of lightweight and textured external finishes,
with masonry areas incorporating a variety of textured finishes to break up the surface, as
detailed on the approved plans.
18. All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
the like thus remaining as open structures.
19. All balustrades to decks and balcony areas must include a mix of open and solid elements
as shown on the approved plans.
20. External colours and finishes must be of muted/environmental tones that blend with the
natural environment and low-reflective roofing and cladding materials.
21. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
22. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street. All mechanical equipment and other service infrastructure located on
the site must be:
a. located not less than 2 metres from a property boundary;
b. fully enclosed or screened such that they are not visible from the street frontages nor
adjoining properties. Where screened by landscaping, landscaping beds must be at
least 1.5 metres wide.
Community Management Statement
23. Any proposed Community Management Statement required for the development pursuant to
the Body Corporate and Community Management Act 1997 must be submitted to Council for
endorsement at the same time as submission of the Building Format Plan (or similar) to
Council for compliance assessment.
24. All clauses and by-laws of the proposed Community Management Statement must accord
with the requirements of this Decision Notice and, in particular, must include the following
additional clauses:
a. The units must be used for short term accommodation for tourists and travellers only.
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Public Safety
25. During operating hours, all parking areas, pedestrian areas and entrances/exits to all
stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and with
intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.
Lighting must be designed to reduce the contrast between shadows and well lit areas. In
particular, appropriate security lighting must be provided in the location of the bicycle/ scooter
parking and bin storage area.
26. After hours access to loading docks, storage areas and the basement carpark (including the
vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors and/or
other suitably appropriate means. The basement carpark must be kept closed and locked at
all times while the use is not operating.
Street Identification
27. The building entrance or reception area must be clearly visible and identifiable from the street
or otherwise provided with signage and lighting at strategic locations to direct people to the
building entrance.
Performance Bonds
28. Security in the form of a cash bond or trading bank guarantee to the sum of $200,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves the
right to call upon the bond or guaranteed sum to effect compliance with conditions.
Lot Amalgamation
29. All separate, adjoining lots that form part of this application shall be amalgamated into one
undivided allotment in accordance with the Plan of Survey submitted for registration at the
Land Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to
Council prior to the commencement of use.
External Works
30. The Grant Street / Banksia Avenue roundabout must be modified to safely accommodate a
Heavy Rigid Vehicle. Plans, including swept paths, must be submitted to Council to
demonstrate that the design of the roundabout can cater for the HRV. The works must be
undertaken in accordance with an Operational Works approval.
Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Site Access and Driveways
31. A sealed access driveway must be provided from Banksia Avenue and Serenity Close to all
parking and manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. driveway crossovers generally in accordance with Council’s Standard Drawing RS-051
and any associated addendum
b. driveways located generally in accordance with the approved plans,
c. suitable safety measures, including warning signage, to improve driver awareness of
pedestrians and enhance pedestrian safety. Warning signage must be provided near
the exit ramp from the underground parking area to warn motorists of pedestrian
movement along the frontage street
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Car Parking
32. A minimum of 298 car parking spaces and 8 motorcycle spaces must be provided and
marked on the site and made available and accessible at all times. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. 60 parking spaces within the total shall be made accessible for staff, commercial
customers and visitors and are to be clearly marked for that purpose.
b. provision of vandal resistant public lighting with intensities to satisfy the requirements
of Australian Standard AS1158: Public Lighting Code.
c. 4 PWD parking space/s within the total.
d. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
e. Ev Charging stations are to be provided on site.
33. All vehicles must enter and leave the site in a forward direction.
34. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
35. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
36. A designated passenger loading zone must be provided adjacent to the check-in lounge and
reception at the location of the parallel parking, including a designating parking bay for a
wheelchair accessible vehicle at the forefront of the queue, with the remaining area
configured as unmarked bays to accommodate various vehicle combinations.
37. All parking bays within the basements must be fully functional. Swept paths of the entry and
exit to end parking bays must be clearly shown on plans submitted for operational works.
Alternative Transport
38. A shuttle bus with a minimum of 21 seats shall be provided and operated in conjunction with
the resort to ferry guests to local destinations to minimise traffic impacts on the local area.
Details of the proposed operation shall be submitted for Council approval prior to the issue
of a Development Permit for Operational Works.
39. E-bikes shall be made available for use by resort guests, the provision of which may be via
a service agreement with a hire company.
Security Access to Carpark
40. Where access to the carpark is proposed to be restricted by a security gate, provision must
be made for queuing of vehicles clear of the roadway while waiting for the security gate to
open.
41. All guests and visitors to the site must be provided with access to the carparking area on site.
42. Where a secure carpark services a commercial use on the site, the security gate must remain
open at all times while the commercial uses on the site are open for business. The
requirements of this condition must be included in the Community Management Statement
for any Body Corporate for the subject site.
Paving Treatment of Vehicle Movement Areas
43. Alternative materials, patterns, or threshold treatments must be used to articulate the
pavement treatment of vehicle movement areas.
Service Vehicles
44. Service vehicle parking, manoeuvring and standing spaces must be provided on the site. All
vehicles must enter and leave the site in a forward direction. The works must be undertaken
in accordance with an Operational Works approval
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Pedestrian and Bicycle Facilities
45. Pedestrian and bicycle facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in particular:
a. A footpath constructed in the Serenity Close road reserve connecting the existing
pathway network to the proposed site entry.
b. Signage and lighting at strategic locations to direct people to building entries and
facilities.
c. A total of 50 bicycle parking spaces. Secure cycle parking is to be made available for
customers and staff of the premises at all times during business hours. The proposed
facilities are to be located to ensure compliance with AS2890.3 with regard to their
access, location and design.
d. End of trip facilities involved 50 lockers, 10 showers and change rooms.
Condition 45a is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Stormwater Drainage
46. Prior to the lodging of a development application for Operational Works, provide and have
endorsed by Council updated architectural plans, preliminary engineering plans, and
Stormwater Management Plan, which addresses the following:
a. Acceptance of all external catchments
b. Provide sizing and nominate the locations of roofwater harvesting tanks. The tanks are
to be sized to provide 80% reliability to supply water for landscape irrigation and pool
top up.
c. Provide a method of removal of gross pollutants from all surface runoff (eg litter
baskets)
d. Provide treatment of internal site runoff such that the pollutant removal requirements
of AO6.1 and AO6.2 of the Water Quality and Drainage Code are achieved prior to
discharge to surface waters or infiltration to groundwater. Provide MUSIC modelling to
demonstrate this will be achieved by the proposed stormwater treatment train.
e. Provide in-situ hydraulic conductivity testing at the locations and depths nominated for
Rapid Infiltration Pits and demonstrate that the assumptions regarding infiltration rates
will be achieved. If not achievable, provide a revised design.
f. Ensure the proposed method of stormwater management achieves no net reduction of
rainwater infiltrating the sand dunes beneath the site. This may be achieved either by
infiltrating all flows up to the 10%AEP or by alternative measures designed and
managed in accordance with a groundwater recharge and discharge management plan
prepared by a suitably experienced and qualified groundwater hydrologist. The
groundwater recharge or discharge must demonstrate that the development does not
affect groundwater balances beyond the property boundaries.
g. Updated the maintenance and management plan of the Stormwater Management Plan
to reflect any changes.
All works are to be undertaken in accordance with the updated endorsed plans.
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47. The site must be provided with a stormwater drainage system connecting to a lawful point of
discharge. The works must be undertaken in accordance with an Operational Works
approval the Queensland Urban Drainage Manual, and must include in particular:
a. the works as generally described in the updated Stormwater Management Plan
required by this permit
b. collection and discharge of stormwater from the external catchment through the
development site, including provision of an overland flowpath which accounts for
severe storms or severe blockage of the underground network
c. provision of drainage easements over all flowpaths conveying catchments external to
the site, in accordance with QUDM. Easement dimensions and locations are to be
shown on the plans submitted with the development application for Operational Works.
d. the use of gravity stormwater drainage and not surcharge pits
Stormwater Quality Management
48. A stormwater quality treatment system must be provided for the development in accordance
with the updated Stormwater Management Plan required by this permit. The works must be
undertaken in accordance with an Operational Works approval.
49. Permanent educational signage must be erected to educate the customers to the
development about the function of the stormwater management devices provided at the
development. The dimensions, standard, presentation and location of the educational
signage must be in accordance with an Operational Works approval.
50. Stormwater management devices must be maintained as follows and records of all
maintenance activities undertaken must be kept and made available to Council upon request:
a. All vegetated stormwater quality treatment devices must be maintained in accordance
with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version
1). The approved Operational Works drawings for the stormwater quality treatment
system and detailed life cycle costing of the system must be attached as an addendum
to this document.
b. All primary stormwater quality treatment devices must be routinely checked, serviced
and cleaned in accordance with the manufacturer’s recommendations.
c. All other stormwater measures are to be maintained in accordance with the
Management and Maintenance Plan contained in the updated Stormwater
Management Plan required by this permit.
Services
51. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
52. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easements
53. An easement for stormwater drainage purposes must be registered in favour of Council
against the title of the subject site. The easement must:
a. Extend through the site from the northern Serenity Close frontage to the south-western
Serenity Close frontage,
b. Be of sufficient width to fully contain the 1%AEP flows (year 2100) from the local
catchment encompassing the development,
c. Be clearly shown on any plans submitted for Operational Works approval, and
d. Be registered prior to the commencement of the use.
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54. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
55. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
56. Any redundant easements must be extinguished prior to the commencement of the use.
57. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
58. All works must be carried out in accordance with a site specific Geotechnical Report (or part
thereof) prepared by a qualified person* and endorsed through an Operational Works
approval.
*(Refer to Advisory Note)
59. Prior to the commencement of the use certification must be submitted to Council from a
qualified person* which certifies that the development has been constructed in accordance
with the recommendations contained in the site specific geotechnical report and that the
development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
60. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council. All earthworks
must be undertaken in accordance with an Operational Works approval.
61. All earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
62. Where the development involves excavation or filling over, or adjacent to, drainage, water
supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
provide a freeboard of 100mm above the finished ground surface level.
63. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
safety fence.
Acid Sulfate Soils
64. Deleted.
Damage to Services and Assets
65. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
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Landscaping Works
66. The development site must be landscaped. The works must be undertaken by a qualified
person* in accordance with an Operational Works approval and the Noosa Plan 2020 PSP2
Landscaping. The works must include in particular:
a. The works shown on the Approved Plans
b. Deleted.
c. A revegetation/rehabilitation plan for the 6metre setback fronting Banksia Avenue and
Serenity Close and the Environmental Management and Conservation Zones. The
revegetation/rehabilitation plan must have regard to the bushfire Site Management
Plan required by condition 75.
d. Landscape and tree planting areas must accommodate deep soil zones to provide
screening/buffering of the built form elements and provide vertical scale to achieve the
minimum screening/buffering. Subsurface infrastructure must be designed to
accommodate the vegetation outcomes.
e. Landscape vegetation with vertical scale to provide screening/buffering of the built form
when viewed from public view, designed such, that a minimum 50% of the built form
will be screened/buffered at maturity. This includes side boundaries.
f. Vegetated screening of any bin storage areas and the like from the road frontage.
g. Provision of 1 street tree (Lophostemon confertus) centrally located between each
existing street tree located within Serenity Close road reserve.
h. Control of all weeds species listed in the following standards and legislation:
i. declared plants under the Land Protection (Biodiversity Act 2014 and sub-
ordinate Regulation 2016).
ii. Noosa Biosecurity Plan 2020.
67. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
Retention of Existing Trees
68. Existing trees on the site within the 6m road frontage boundary setbacks, the Environmental
management and conservation zone and in the road reserve must be retained and protected
in accordance with an updated Arborist Report / Vegetation Management Plan, including
assessment in accordance with AS 4970-2009 Protection of trees on development sites,
prepared by a qualified person* and endorsed through an Operational Works approval.
The Arborist Report/ Vegetation management Plan must include:
a. Identify all Koala and Glossy Black Cockatoo Trees in the areas to be protected.
b. oversee installation of a hard temporary protection zone prior to commencement of
works with ‘no go’ signage in accordance with AS 4970-2009.
c. supervise any works within the temporary protection zone;
d. undertake hazard reduction and formative pruning as necessary; &
e. provide certification that the trees were protected in accordance with the Arborist’s
recommendations.
*(Refer to Advisory Note)
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69. Prior to the prestart meeting, a bank guarantee or a bond of $50,000 must be lodged as
security for the protection of the trees identified for retention in the conditions of this approval.
The bond:
a. may be drawn upon by Council in its entirety if any one tree identified for retention is
damaged to the point where the tree cannot be saved (as confirmed by the project
arborist and agreed in writing by Council)
b. will be returned upon practical completion of all the operational works relating to this
development.
Land Rehabilitation
70. A vegetation protection covenant must be registered over the area identified as the 6 metre
vegetated setback from Serenity Close and Banksia Avenue and the Environmental
Management and Conservation Zones on the Approved Plans pursuant to Section 97A of
the Land Title Act 1994. The covenant document must reference the bushfire Site
Management Plan required by condition 75 and the Vegetation Management Plan required
by condition 68. The covenant document and a survey plan must be submitted to Council for
endorsement prior to lodgement with the relevant titles authority for registration of title. The
covenant document must:
a. incorporate the requirements of this Decision Notice
b. include Noosa Council as Covenantee
c. reference Queensland Land Title Registry Standard Terms Document No. 715597513.
71. If a provision included in the covenant document is requisitioned or refused registration by
the relevant titles authority, a substitute provision must be included in the document which
as nearly as practicable addresses the objective sought by the requisitioned or refused
provision. The wording of the substitute provision must be agreed by Council.
Fauna Management
72. Vegetation must only be removed or disturbed in accordance with a fauna management plan
prepared by a qualified person* and endorsed through an Operational Works approval and
must address the following:
Site inspection
(a) Prior to any site disturbance, a site inspection will be completed by a suitably qualified
person* to identify any follow-bearing trees and/or other significant habitat features
(i.e. den sites, nests, hollowed termitarium etc.) These will be clearly marked in the
field with high visibility paint as well as shown on appropriately scaled plans.
Pre-clearing fauna trapping
(b) Subsequent to the site inspection, and prior to commencement of site clearing works,
a pre-clearing trapping program will be completed targeting native ground-dwelling
and arboreal mammals. The trapping program will be designed to progressively
move through the site, from the north towards the south, ahead of the subsequent
under scrubbing operations. Each area will be trapped for a minimum of four (4)
nights, and any animals captured will be relocated to suitable habitat area/s in
consultation with Noosa Shire Council and the Department of Environment and
Science (DES). Arboreal mammals captured will be re-located within suitably
designed nest-boxes to be installed at the agreed release site.
(c) Once the area has been trapped, and the extent of the trapped area clearly identified
the groundcover and midstory can be cleared utilising slashing or similar. Any hollow-
bearing trees and/or other significant habitat features identified during the initial site
inspection will be retained. All under scrubbing works will be completed with a
suitably qualified fauna spotter/catcher in attendance.
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Clearing non-habitat trees
(d) After under scrubbing of each area is complete, non-habitat trees (i.e. trees other
than those identified as habitat trees) will be cleared and stockpiled for mulching.
Clearing of non-habitat trees will only occur where their removal will not impact on
identified habitat trees (e.g. canopies do not interconnect with habitat trees).
Hollow inspection and removal
(e) After under scrubbing and clearing on non-habitat trees, an elevated work platform
or cherry-picker will be used in conjunction with a chainsaw operator and suitably
qualified fauna spotter/catcher to inspect and remove hollows a necessary prior to
habitat tree felling.
(f) When the fauna has been safely secured within its hollow (or compensatory
habitat/nest box), the entire limb can then be placed in the cherry-picker bucket or
lowered to the ground using ropes depending on the size of the limb.
(g) The limb and/or compensatory habitat/nest box will then be placed in a cool, quiet
location until translocation to the recipient habitat site, when at dusk the hollow
entrance is re-opened to allow the fauna to emerge of its own accord.
73. Any proposed new fencing to delineate boundary alignments, with the exception of pool
fencing directly around pool areas, must be constructed to allow for the movement of fauna.
74. Twenty (20) permanent artificial nesting boxes must be installed within the Environmental
Management and Conservation Zone to provide compensatory habitat for arboreal mammals
and hollow dependent avian species. The works must be undertaken in accordance with an
Operational Works approval.
Bushfire Management
75. All works must be carried out in accordance with a Site Management Plan (or part thereof)
prepared by a qualified person* and endorsed through an Operational Works approval. The
Site Management Plan must incorporate all precautionary bushfire obligations required to
ensure landscape design measures are achieved that meet a low fuel state at all times and
provide management techniques for the development site administrators to consider as part
of the development construction and ongoing maintenance.
*(Refer to Advisory Note)
76. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the bushfire management conditions
of this Decision Notice.
*(Refer to Advisory Note)
77. A Bushfire Evacuation Plan for the site must be prepared by a qualified person* and
submitted to Council prior to the issue of any Development Permit for Operational Works.
*(Refer to Advisory Note)
78. A copy of the Bushfire Evacuation Plan for the development must be provided to the nearest
fire authority.
Waste Management
79. A Waste Management Plan must be prepared that details the type and quantity of waste
material that is likely to be generated by the development; where and how the waste will be
stored, disposed of and procedures for handling the waste. The Waste Management Plan
must be submitted and approved by Council prior to the issue of a Development Permit for
Operational Works.
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80. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9 - Waste Management. The facilities must include an impervious
area, within the site, correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties. A bin wash area is required with a
cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet
must be designed to prevent storm water entry to the sewerage system.
Energy & Water Efficiency
81. All hot water systems installed shall be either solar systems; electric heat pump systems; or
gas systems (LPG or natural).
82. All new kitchen, laundry and bathroom fittings shall comply with the AAA Water Conservation
Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and
Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), or
current equivalent standards as may apply, with toilets to comply with the AAAA Water
Conservation Rating System. All new tap ware and shower roses shall not exceed a
maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from
this requirement.
5. REFERRAL AGENCIES
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 10, Part 9, The agency provided
at DILGP Via MyDAS2 Division 4, Subdivision 1, is response on 27
at https://prod2.dev- Table 1, Item 1 – June 2025
assess.qld.gov.au/suite Development impacting (Reference No
/ (for assistance, on sate transport 22070) A copy of the
contact DILGP at 5352 infrastructure response is attached
9701 or Schedule 10, Part 10,
email:SEQNorthSARA Division 3, Subdivision 3,
@dilgp.qld.gov.auConc Table 1 – Development
urrenceSARA interfering with koala
habitat in koala habitat
areas outside koala
priority areas
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
1. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
2. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
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Qualified Person
3. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
Preparation of a Preliminary Construction Management Plan
4. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
ii. maintenance of safe pedestrian access for the areas affected by the works during
and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the development
iv. approval of the Traffic Management Control Plan by the Department of Transport
and Main Roads (DTMR) for any works on State controlled roads
v. provision for worker car parking
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic, services and other relevant issues.
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details.
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details.
g. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
h. details on the location of external fill/dump sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any damage
to the existing road system as a result of haulage operations shall be fully repaired at
the applicant’s expense
i. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
Private Infrastructure
5. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority
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Qualified Person
6. For the purpose of preparing a Landscape Plan, a qualified person is considered to be a
landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
current experience in the field of landscape design.
7. For the purpose of preparing an Arborist Report, a qualified person is considered to be a
person with either:
a. ISA certification; or
b. a Diploma of Arboriculture in addition to a minimum of 3 years current experience in
the field of arboriculture.
8. For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to be a
landscape architect or ecologist with a minimum of 3 years current experience in the field of
landscape design.
9. For the purpose of preparing a Fauna Management Plan, a qualified person is considered to
be an ecologist with a minimum of 3 years current experience in the field of fauna assessment
and management.
10. For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
with the bushfire requirements of this Decision Notice, a qualified person is considered to be
an ecologist with a minimum of 3 years current experience in the field of bushfire assessment
and management.
Bonds
11. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
Infrastructure Charges
12. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
13. The Infrastructure Charges Notice issued in relation to this Other Change Approval
132008.176.05 is payable in addition to the Infrastructure Charges Notices and Condition
88 (Contributions Towards Council Infrastructure) issued under the original approval
13.2008.176 and updated under the Change to an Existing Approval 132008.176.03.
7. PROPERTY NOTES
Vegetation Protection Covenant
1. A Vegetation Protection Covenant applies to this property. No clearing of vegetation is to
occur within the covenanted area, except where in accordance with the terms of the
covenant.
8. VARIATION APPROVAL DETAILS
Not applicable.
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9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Landscaping, Roadworks, External Works,
Works Earthworks, Stormwater Access
Development Permit for Building Works All Building Works
10. SUBMISSIONS
There were 107 properly made submissions about the application. In accordance with the Planning
Act 2016, the name, address and electronic address of the principal submitter for each properly
made submission is provided and attached.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Patrick Murphy
Manager | Development Assessment
Development & Regulation
Enc: Referral Agency Response
Appeal Rights
Approved Plans/Documents
cc. [email protected]
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DECISION NOTICE HISTORY
• Original Decision Notice – 8 April 2010 - Development Permit for Material Change of Use – Resort Development comprising
Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation Units) and Ancillary Facilities to be
assessed against the Superseded Planning Scheme
• P & E Court Consent Order – 14 October 2011
• Pre Request Response Notice – 22 July 2013 – Minor Change – 132008.176.02, with an amendment to condition 35 & include
additional condition 106.
• Decision Notice – Minor Change – 132008.176.03 – 7 February 2017, with an amendment to condition 35.
• Decision Notice – Extension of Currency Period – 132008.176.04 – 17 October 2024.
• Decision Notice – Other Change – 132008.176.05 – 17 October 2024, Other Change Approved amended the approval to
Development Permit for Material Change of Use – Resort Complex and Shop (New set of conditions applied 1-82).
• Decision Notice – Negotiated – 132008.176.05 – 26 February 2025, with an amendment to conditions 7, 17, 19, 29, 39, 46b,
66c, 66f, 68, 70 & 73 and delete conditions 64 & 66b.
• Pre Request Response Notice – 26 May 2025 – Change to SARA conditions
• Decision Notice – Minor Change – 132008.176.07 – 20 May 2026, with amendments to conditions 3 & 6.
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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Page 19 of 31 Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 [OCR of page images] Changed response 2502-44623 SPD Outcome: Date of original response: Original reference: Conditions: Advice: Development details Referral agency response — with conditions 26 October 2023 2210-31715 SRA The conditions in Attachment 2 must be attached to any development approval Advice to the applicant is in Attachment 3 Description: SARA role: SARA triggers: Assessment manager: Street address: Real property description: Applicant name: Applicant contact details: Additional details Development permit for material change of use — other change to include Resort Complex and Shop Referral agency Planning Regulation 2017: * Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1— Development impacting on state transport infrastructure * Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1— Development interfering with koala habitat in koala habitat areas outside koala priority areas. Noosa Shire Council 3 and 7 Serenity Close, Noosa Heads Lot 11 on SP195871 and Lot 10 on SP335472 Calle Malouf Investments Pty Ltd c/- Project Urban PO Box 6380 Maroochydore BC QLD 4558 Scott. [email protected] Native title considerations: Human Rights Act 2019 considerations: Dispute resolution Native title is considered to be extinguished in accordance with module AB of the Native Title Work Procedures. Consideration of the Human Rights Act 2019 sections 15 to 35 has been undertaken as part of this response. It has been determined that this response does not limit human rights. Appeal: ‘State Assessment and Referral Agency Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 The rights of applicants to appeal to a tribunal or the Planning and Environment Court against decisions about a change application are set out in Chapter 6, Part 1 of the Planning Act 2016. Copies of the relevant provisions are in Attachment 4. Page 2of 13 Page 19 of 31
Page 20
Page 20 of 31 Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 [OCR of page images] 2502-44623 SPD For further information please contact Poppy Ellis-Southwell, Principal Planning Officer, on (07) 5644 3214 or via email [email protected] who will be pleased to assist. Yours sincerely Kieran Hanna Manager (Planning) enc Attachment 1 - Reasons for responsible entity decision Attachment 2 ~ Changed referral agency conditions Attachment 3 ~ Changed advice to the applicant Attachment 4 ~ Appeal provisions Attachment 5 ~ Documents referenced in conditions cc Noosa Shire Council, [email protected] ‘State Assessment and Referral Agency Page 3 of 13 Page 20 of 31 Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026
Page 21
Page 21 of 31 Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 [OCR of page images] Document Set ID: 24809674 (2502-44623 SPD Attachment 1—Reasons for responsible entity decision (Given under section 83(9) of the Planning Act 2016) The reasons for SARA's decision are: « The development was assessed as being minor in accordance with the Planning Act 2016 and the Development Assessment Rules. « SARA assessed the development against the following codes of the State Development Assessment Provisions (SDAP), version 3.0: 0 State code 6: Protection of state transport networks (State code 6) 0 State code 25: Development in South East Queensland koala habitat areas (State code 25). « The development complies with the assessment benchmarks of State code 6 of SDAP in that the development: © protects state transport infrastructure, public passenger transport infrastructure, active transport infrastructure and public passenger services from the adverse impacts of development; © maintains the operating performance of the transport network; ensures development enables safe and convenient access to public passenger transport; © does not create a safety hazard for users of state transport infrastructure or public passenger services by increasing the likelihood or frequency of a fatality or serious injury: 0 does not result in worsening of the physical condition or operating performance of the state transport network: © provides public passenger transport infrastructure to enable development to be services by public passenger transport; 0 provides safe and direct access to public passenger transport infrastructure or active transport infrastructure, including access by cycling and walking. * The development complies with the assessment benchmarks of State code 25 of SDAP in that the development: 0 does not cause an unacceptable impact on mapped koala habitat areas; 0 is designed and located to avoid impacts or, where the matters of state environmental Significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated; © results in a significant residual impact that is acceptable, and an offset is provided. Material used in the assessment of the change application: the development application material and submitted plans Planning Act 2016 Planning Regulation 2017 the SDAP (version 3.0), as published by SARA the Development Assessment Rules SARA DA Mapping system section 58 of the Human Rights Act 2019. State Assessment and Referral Agency Page 4 of 13 Version: 9, Version Date: 27/05/2026 Page 21 of 31
Page 22
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Document Set ID: 24809674
2502-44623 SPD
Attachment 2—Changed referral agency conditions
(Under secon 56(1)(b)i) of the Planning Act 2076 the following condibons must be allached to any Gevelopment
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)
No. | Conditions | Condition timing
Development permit for material change of use for Resort Complex and Shop
Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1 (Planning Regulation 2017}—
Development interfering with koala habitat in koala habitat areas outside koala priority areas —SEQ
Keate Habitat rea Development interfering with koala habitat in koala habitat areas outside
koala priority areas—The chief executive administering the Planning Act 2016 nominates the
Director-General of Depatmentct Enviconmentand Science the Department of the Environment,
Tourism, Science and Innovation to be the enforcement authority for the development to which this
development approval relates for the administration and enforcement of any matter relating to the
following condition(s):
eee fe
- Interfering with
koala habitat is limited to the clearing of 106 non-juvenile koala habitat
trees identified as ‘Removed (NJKHT)' on KTSP04a: Trees Retained and
Removed, prepared by Litoria Consulting, drawing reference 22011
KTSP04a, issue 8 C, dated +8402023 30/01/2025.
2. | Prior to any building or operational works being undertaken prepare a (a) - (d) Prior to
eate Fauna Management Plan, which must: any building or
(a) Identify the clearing and construction activities that may increase the operational works
risk of stress, injury or death of koalas: being undertaken.
(b) Detail the management measures that will be implemented during (e) At all times
clearing and construction works to prevent the risks identified in part during clearing and
(a) of this condition, including but not limited to alll of the following: construction works.
(i). Details of pre-ciearing inspections of the vegetation to be
cleared:
(i). Measures required under the Nature Conservation (Koala)
Conservation Plan 2017, including the staging and
sequencing of clearing and provisions for a koala spotter
during clearing operations;
(li). Procedures for the recovery of koalas;
(iv). | Measures for dealing with trapped, injured, orphaned and
deceased koalas;
(v). Contact details for the contractor for reports of at risk or
injured koalas;
(vi). | Procedures for checking machinery for koalas;
(vii). | Measures to protect retained koala habitat and vegetation
{including open land) in accordance with Australian Standard
AS4970-2009;
(vail). | The use of fauna exclusion fencing;
(ix). | Measures to minimise the impact of construction related dust
on adjacent koala habitat;
(x). Signage in areas of vehicular traffic on site;
(xi). | Measures to manage the risks posed by dogs (e.g.. guard
dogs) on site:
Measures to raise awareness amongst construction workers
State Assessment and Referral Agency Page 5 of 13
Version: 9, Version Date: 27/05/2026
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Page 23
Page 23 of 31 Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 [OCR of page images] 2502-44623 SPD Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 No. | Conditions Condition timing of koalas on and near the construction activities. (c) Be certified by a suitably qualified and experienced person. AND (d) Submit the Koala Fauna Management Plan to the Department of the Environment, Tourism, aad Science and Innovation at [email protected] (e) Implement the management measures contained in the Keata Fauna Management Plan. 3. | (a) Prepare a rehabilitation plan for areas identified as environmental (a) and (b) Prior to management and conservation zone within Landscape Plan, DARFI | commencing any Response Comparison, prepared by Richards and Spence, drawing clearing or reference 2100014, Rev C. The rehabilitation plan must be prepared construction works. by an appropriately qualified person(s), and must address as a minimum: (c) To commence (i). details of the rehabilitation objectives for the site: no more than 1 (i). the number of Koala habitat trees to be established on the month after the site; completion of (ji). _ the planting palette and planting density of the proposed clearing and rehabilitation; construction works. (iv). details of how the vegetation planted as a result of the rehabilitation work will be suitably maintained. (d) Within 3 months from the (b) Provide the rehabilitation plan to the Department of the completion of the Environment, Tourism, aad Science and Innovation at rehabilitation [email protected] or mail to: works. Koala Assessment and Compliance Department of the Environment, Tourism, and Science and Innovation GPO Box 2464 15187 Bastase City East, Queensland 490+ 4002 (c) Undertake the rehabilitation of the site in accordance with the rehabilitation plan; (d) Certification by an appropriately qualified person(s) that (a), (b) and (c) have been fulfilled, must be provided to the Department of the Environment, Tourism, aad Science and Innovation at: [email protected] oR Koala Assessmentand Compliance DepartmentetGavirenmentand Science SEL Si lhl cesar eens 4. | Deliver an environmental offset in accordance with the Environmental Prior to Offsets Act 2014 to counterbalance the significant residual impacts on the | commencing any State Assessment and Referral Agency Page 6 of 13 Page 23 of 31
Page 24
Page 24 of 31 Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 [OCR of page images] 2502-44623 SPD Conditions Condition timing matter of state environmental significance being 34 58 non-juvenille koala habitat trees. Note: Section 16 of the Environmental Offsets Act 2014 provides that when an offset condition is imposed on an authonty, a number of deemed conditions are taken to apply. These deemed conditions are detailed in sections 19B, 22, 24 and 25 of the Environmental Offsets Act 2014. Contravention of a deemed condition is taken to be contravention of an imposed condition. More information on offset delivery can be found here: https://www.gid.gov.au/environment/pollution/management/offsets/deliven’ ng. Please send the notice of election to SEQNeRaSARABdsdige git gensy [email protected].au- clearing works. Prior to the commencement of clearing activities, notify the Department of the Environment_Tourism, aa¢ Science and Innovation at [email protected] of: « the expected date the clearing activity will commence; « the expected duration of the clearing activity; + the name and contact details of the koala spotter that has been * contracted for the clearing activity; and * the name, contact details and authority number of the spotter * catcher that has been contracted for the clearing activity. 72 hours prior to commencement of vegetation clearing. Any pools to be constructed must be designed, constructed, and maintained as koala-safe pools as described in the Koala Sensitive Design Guideline Vessies-2), prepared by the Department of the Environment, Tourism, aad Science and Innovation dated December = At all times. (a) Provide a Fauna Management Plan prepared by a suitably qualified and experienced person, in accordance with the Koala Sensitive Design Guideline essies-3}, prepared by the Department of the Environment, Tourism, aad Science and Innovation dated Desember 2022, to minimise impacts to koalas and other wildlife inhabiting or moving through the site Required koala protection measures must include, but are not limited to: « Signage depicting a koala and maximum speed limit of 20km/h should be erected at the entrance to the site to inform visitors that koalas may be present on the site «= Traffic calming devices must be installed along the main entrance and internal roads where they intersect with, or are directly adjacent to koala movement corridors on the site « Artificial lighting on the subject site must be operated to ensure itis directed away from the adjacent conservation areas and other fauna corridors to minimise impacts to koalas and other (a) and (b) prior to operational works eccurring within the site. (c) Within 30 days of completion of vegetation clearing. Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 State Assessment and Referral Agency Page 7 of 13 Page 24 of 31
Page 25
Page 25 of 31 Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 [OCR of page images] Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 2502-44623 SPD No. | Conditions Condition timing wildlife inhabiting or moving through the site « The location of any koala exclusion fencing and/or koala inclusion fencing. (b) Submit the Fauna Management Plan to the Department of the Environment, Tourism, ané Science and Innovation at [email protected] (c) Implement the management measures contained in the Fauna Management Plan. Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1 (Planning Regulation 2017)— Development impacting on state transport infrastructure —Pretesten of State Traaseet Nemrenss Development impacting on state transport infrastructure—The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of Transport and Main Roads to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following condition(s): 8. | (a) The development must provide a private bus stop on the Serenity Close frontage of the site, adjacent to the development's pedestrian entry, at the location shown on the Plan-GA-Ground Floor, prepared by Richards and Spence, drawing reference $B-4-0+-02-G AR-01- 03-G, revision K D. dated 0507/2023 16.06.25, asamendedinsed. (b) The private bus stop required in part (a) of this condition must be in accordance with the Disability Standards for Accessible Public Transport 2002 made under subsection 31(1) of the Disability Discrimination Act 1992 and include the following: (i) a bus zone with minimum capacity for the set down of one single unit rigid bus of 14.5m in length (i) — bus zone signs R5-20 at either end of the bus zone and pavement marking in accordance with AS1742.11 — Manual of uniform traffic control devices, Part 11: Parking controls (iii) lighting in accordance with AS/NZS 1158.3.1 — Lighting for Roads and Public Spaces, Part 3.1: Pedestrian Area (Category P) Lighting - Performance and Design Requirements (iv) access and hardstand for waiting and boarding/alighting passengers (v) a paved pedestrian footpath adjacent to the bus zone for its entire length and extending to the development's pedestrian entry stairs and ramp in Serenity Close. (c) Provide no stopping signage (R5-35) and pavement marking in accordance with AS1742.11 — Manual of uniform traffic control devices, Part 11: Parking controls in the Serenity Close cul-de-sac, excluding vehicle crossovers. (d) RPEQ certification, with supporting documentation, must be provided (a) — (d) Prior to the commencement of use. State Assessment and Referral Agency Page 8 of 13 Page 25 of 31
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2502-44623 SPD
Conditions
Condition timing
to the Program Delivery and Operations Unit, North Coast Region
([email protected]) within the Department of
Transport and Main Roads confirming that the development has been
designed and constructed in accordance with parts (a) and (c) of this
condition.
(a) The development must provide a passenger loading zone adjacent to
the check-in lounge and reception at the location shown on Plan-GA-
Ground Floor, prepared by Richards and Spence, drawing reference
SBA+626 AR-01-03-G. revision K D, dated 66072022 16.06.25.
se
(b) The passenger loading zone required in part (a) of this condition must
be in accordance with the Disability Standards for Accessible Public
Transport 2002 made under subsection 31(1) of the Disability
Discrimination Act 1992 and include the following:
w@ ee
concument parking of 3 x B00 standard vehicles _txuhse!
: 2 x mini £8.00 ;
total parailelic kesh a continuous northern passenger
loading zone parallel to kerb with minimum dimensions
of 23.4m x 2.5m;
fi) a continuous southern passenger loading zone parallel
to kerb with minimum dimensions of 19m x 3.2m:
aecerdancesaé the southern passenger loading zone in
{ii) above, designed (not designated) to allow for the
Parking of at least one wheelchair accessible taxi in
accordance with the following:
* AS1428.1 - Design for access and mobility;
* AS2890.6 — Parking Facilities, Part 6: Off-street parking
for people with disabilities; and
* Chapter 7 — Taxi Facilities of the Public Transport
Infrastructure Manual 2015-aad.
. Disability S § ible Public T:
F - signage and line
marking in accordance with AS1742.11 — Manual of uniform
traffic control devices, Part 11: Parking controls: or the
equivalent private signage and line marking to designate:
+ the northern passenger loading zone in item (i) of this
condition, to standard taxis, booked hire services and
Private vehicles with passengers — 2 minute parking:
and
(a) — (b) Prior to
the
commencement of
use and to be
maintained at all
times.
(c) Prior to the
commencement of
use.
State Assessment and Referral Agency
Page 9 of 13
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Page 27 of 31 Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 [OCR of page images] 2502-44623 SPD Conditions Condition timing southern passenger loading zone in item (ii) of this condition, to mini-buses and PWD dro; with passengers ‘ hour parking: ic ku (v) lighting in accordance with AS/NZS 1158.3.1 — Lighting for Roads and Public Spaces, Part 3.1: Pedestrian Area (Category P) Lighting — Performance and Design Requirements; and (vi) access and hardstand, and shelter with seats, for waiting and boarding/alighting passengers. (c) RPEQ certification, with supporting documentation, must be provided to the Program Delivery and Operations Unit, North Coast Region ([email protected]) within the Department of Transport and Main Roads confirming that the development has been designed and constructed in accordance with parts (a) and (b) of this condition. Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 ‘State Assessment and Referral Agency Page 10 of 13 Page 27 of 31
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Page 28 of 31 Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 [OCR of page images] 2502-44623 SPD Attachment 3—Changed advice to the applicant General advice 1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains undefined it has its ordinary meaning. Terms defined in the Glossary of Terms found within the State code 25: Development in South East Queensland Koala Habitat Areas are taken to have the same meaning in these conditions. A reference to State code 25 is a reference to the version of the State code 25: Development in South East Queensland Koala Habitat Areas in effect as at the date of this development approval. The Nature Conservation (Koala) Conservation Plan 2017 includes mandatory requirements that apply to all persons undertaking the clearing of koala habitat trees, including that clearing be undertaken sequentially and in the presence of a koala spotter. Penalties for non-compliance apply. For further information please contact the Department of the Environment, Tourism and Science and Innovation at [email protected] this development approval, other permits or approvals may be required for the clearing of koala habitat. To determine if the proposed clearing requires other approvals under other local, State or federals laws go to www.qld.gov.au (search ‘vegetation clearing requirements’). The development contains areas mapped as containing a high-risk area on the protected plant flora survey trigger map. Where clearing is proposed within a high-risk area, it is a requirement under the Nature Conservation Act 1992 to conduct a flora survey in accordance with the Flora Survey Guidelines to determine if there are any protected plants on the clearing site. If protected plants are found on the clearing site, a clearing permit under the Nature Conservation Act 1992 may be required. The development contains habitat for threatened and special least concern fauna species. If the development requires tampering with a protected animal breeding place, a species management program may be required. More information on protected animal breeding places and species management programs can be found here: https-//environment.des.qid.gov.au/licences-permits/plants- animals/speciesmanagement-program. Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 State Assessment and Referral Agency Page 11 of 13 Page 28 of 31
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Page 29 of 31 Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 [OCR of page images] 2502-44623 SPD Attachment 4—Appeal provisions (page left intentionally biarik) State Assessment and Referral Agency Page 12of 13 Page 29 of 31 Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026
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Page 30 of 31 Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026 [OCR of page images] 2502-44623 SPD Attachment 5—Documents referenced in conditions (page left intentionally béaric) State Assessment and Referral Agency Page 13 of 13 Page 30 of 31 Document Set ID: 24809674 Version: 9, Version Date: 27/05/2026
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
Page 31 of 31
Document Set ID: 24809674
Version: 9, Version Date: 27/05/2026
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